Additional Documents to be filed for Complaint against Company in case of return
of cheque u/s Section 138 of Negotiable Instruments Act.

How to file Complaint in case of drawee of a returned cheque is a Company? Form
No. 32 and Other documents to be filed by the Complainant u/s 138 of Negotiable
Instruments Act, 1881

As per the order of the Hon'ble
High Court of Delhi against CRL. M.C. 1821/2013 and CRL MC 1822/2013
with a view to ensure that the Metropolitan Magistrates dealing with the
Complaint cases filed under section 138 read with Section 141 of the Negotiable
Instruments Act have a clear and complete picture of the persons arrayed by the
complainant so as to hold them vicariously liable for the commission of offence
by the accused company, the Magistrate must seek copies of Form No. 32 from the
complainant to prima facie satisfy the Court as to who were the directors of the
accused company at the time of commission of the alleged offence and on the date
of filing of the complaint case. In addition to the above the Magistrate muse
also seek information as given in the following table which is to be annexed by
the Complainant on a separate sheet accompanying the complaint.

a. Name of the Accused Company;

b. Particulars of the dishonoured
cheque/ cheques;

-Person/ Company in whose favour
the cheuqe/cheques were issued

-Drawer of the Cheque/Cheques

-Date of Issuance of Cheque/Cheques

-Name of the drawer bank, its location

-Name of the drawee bank, its
location

-Cheque No./ Nos

-Signatory of the Cehque/Cheques

c. Reason due to which the cheque/cheques
were dishonoured

d. Name and Designation of the
person sought to be vicariously liable for the commission of the
offence by the accused company and their exact role as to how and in
what manner they were responsible for the commission of the alleged
offence.